Analisis Hukum Tindak Pidana Pembunuhan oleh Anak Sebagai Pelaku dalam Perspektif Psikologi Kriminal ( Studi Kasus Pengadilan Negeri Medan)

Abstract

The crime of murder is a serious criminal offense and the most severe threat of punishment, based on the Criminal Code of murder has a maximum penalty of 20 years even the death penalty, for that the mechanism of diversion against the child perpetrator of the crime of murder is difficult to reach an agreement, so that in the end the trial in court becomes the last resort and in the end the child ends up in the Children's Penitentiary. Although in the trial of children perpetrators of murder crimes still use the juvenile criminal justice system in accordance with Law No. 11 of 2012 concerning the Child Criminal Justice System with a restorative justice approach in each implementation, but in fact there are still many law enforcement officers both judges, prosecutors and police who still view a child in committing crimes blamed for his actions regardless of aspects that occur both from within. Neither from outside the child. For this reason, this study examines and analyzes several problems that arise, namely, regarding the legal arrangement of the settlement of criminal acts of murder committed by children; the cause of the crime of murder committed by the child in the perspective of criminal psychology; and criminal policy in law enforcement of the criminal act of murder against the child perpetrator of the crime of murder. This research is normative legal research supported by empirical studies. Descriptive nature of research analysis. The approach taken is the statutory approach and the case approach. The location of the study is Medan Children's Penitentiary and Medan District Court because there are several cases of murder committed by children. Secondary data is collected by literature study methods and strengthened by empirical studies in the form of in-depth interviews with several sources. Analysis of qualitative data by drawing conclusions using inductive reasoning. The results of this study show that the crime of murder committed by children is more due to external factors from the environment and family around the perpetrator, although diversion is very difficult to reach an agreement between the victim and the perpetrator so often the perpetrator of the crime of murder committed by the child ends up in prison but the judge still has to seek diversion and restorative justice as a form of protection for the child. In the case of sentencing the judge is given the freedom to see from the law, jurisprudence, legal science or doctrine and the factors that cause the occurrence of crimes committed by children both internal and external factors. But in practice judges use written laws only in establishing punishment or limited to prosecutorial charges.